Background
IDP engages in litigation efforts to challenge the unjust detention of immigrants. Our ongoing work primarily focuses on habeas corpus petitions before the federal courts and bond litigation before immigration courts. Specifically, IDP has supported legal challenges to mandatory detention based on previous criminal convictions or classification as an “arriving alien,” detention pending a final order of removal where actual removal is not reasonably foreseeable, detention while suffering serious medical needs, and unlawful procedures at administrative custody hearings or reviews. IDP, together with Brooklyn Defender Services, also convenes a working group of habeas practitioners in New York and New Jersey.
To request litigation support or additional information on detention matters, email [email protected].
If you would like to request assistance or additional information, email us at [email protected].
Practice Advisories & Other Resources
- Template motion for custody redetermination in light of COVID-19 pandemic, for individuals detained under INA § 236(a) who have previously been denied bond (Mar. 22, 2020, by IDP)
- Template motion for custody redetermination (for legal representatives)
- Template motion for custody redetermination (for pro se individuals)
- Exhibits A and B in support of motion
- Practice Advisory: Making Statutory Arguments in the Second Circuit on the Meaning of “When…Released” and “Released” in U.S.C. § 1226(c) To Challenge Mandatory Detention After Jennings and Lora (May 9, 2018, by NYU Immigrant Rights Clinic, IDP)
- Freedom Together: Supporting Your Loved One in Their Immigration Bond Hearing (2017, by IDP, The Bronx Defenders, and the Center for Urban Pedagogy)
- Practice Advisory: Challenging Evidence of Gang-Related Activity at Immigration Court Bond Hearings (August 3, 2017)
Amicus Briefs
- Jennings v. Rodriguez, 138 S. Ct. 830 (2018) – Brief of IDP and community groups, immigrant right organizations, law clinics, and legal service providers, in Support of Respondents (Amicus counsel Alina Das of NYU Immigrant Rights Clinic and IDP)
- Supplemental Brief of IDP and community groups, immigrant right organizations, law clinics, and legal service providers, in Support of Respondents (Amicus counsel Alina Das of NYU Immigrant Rights Clinic and IDP)
- Supplemental Brief of Detention Watch Network, et al., in Support of Petitioner-Appellee and in Support of Affirmance (Amicus counsel Alina Das of NYU Immigrant Rights Clinic)
Affirmative Litigation
- Rizza Jane G.A. et al. v. Tsoukaris, No. 2:20-cv-05922 (D.N.J. filed May 15, 2020): Class action seeking immediate release of all individuals detained at Elizabeth Detention Center during COVID-19 pandemic
- Verified Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief